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Understanding Comparative Negligence in Summary Judgment Motions
In personal injury litigation, understanding the strategic nuances of summary judgment motions can make the difference between a complete victory and leaving critical issues for trial. A recent decision from New York’s First Department provides important guidance on how courts handle comparative negligence when plaintiffs seek partial summary judgment on liability issues. If you’re dealing with a no-fault insurance defense matter, an experienced attorney can help protect your rights.
The case demonstrates a key principle that many practitioners overlook: when moving for summary judgment on defendant liability, plaintiffs are not required to simultaneously prove they were free from comparative fault. However, this creates both opportunities and potential pitfalls that require careful strategic planning.
This decision is particularly relevant for attorneys handling New York no-fault insurance law cases, where liability determinations often intersect with coverage issues and comparative fault analyses.
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Silverio v Ford Motor Co., 2020 NY Slip Op 02892 (1st Dept. 2020)
“The Court also stated that plaintiff did not need to prove that he was not comparatively negligent in order to obtain partial summary judgment on the issue of defendants’ liability, based on Rodriguez v City of New York (31 NY3d 312 ). Plaintiff’s interpretation of this Court’s decision in Silverio (168 AD3d 608) would require finding that he was not comparatively negligent, despite the fact that he never moved for summary judgment on defendant’s affirmative defense of comparative negligence or introduced evidence to support his contention that he did not contribute to the accident (see Poon v Nisanov, 162 AD3d 804 ; see also Wray v Galella, 172 AD3d 1446, 1448 ).
The issue of comparative fault should have been left to a jury in determining damage”
Yes, please remember that when moving for summary judgment, an application to dismiss the affirmative defense of comparative negligence should be made to completely resolve the issue.
Key Takeaway for Practitioners
The Silverio decision reinforces that obtaining partial summary judgment on defendant liability does not require proving absence of plaintiff fault. However, to achieve complete resolution and avoid jury questions on damages, practitioners must specifically move to dismiss comparative negligence affirmative defenses with supporting evidence.
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Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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